Analysis of the nature of the liability of the orthodontist and its impact on the practice of this specialty

Nida Maria Rodigues de Oliveira, Marcelo Tomás de Oliveira, Alvaro Furtado

Abstract


The present work aims to discuss the subject of the civil odontologic responsibility, exposing what is the type of obligation (of means or of result), since depending on the type of obligation, the direction of the probation onus may change; in other words, there is an inversion in the right of proving the fault. If it is obligation of means, it suits to a the patient to prove that the orthodontist is guilt; if it is obligation of result, it suits to a the professional to prove his innocence. Although some authors have different points of view, the scientific evidence supportthe dental orthodontist as legal obligation of means.

Keywords


Responsabilidade civil; Obrigação de meio; Obrigação de resultado



DOI: http://dx.doi.org/10.18363/rbo.v68n2.p.260

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